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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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We have 5 full time employees and 15-20 part time employees.

Customer Question

We have 5 full time employees and 15-20 part time employees. How do I calculate FTE's for Obamacare? With a golf course the part time employees may work as little as 10-15 hours per week in the winter and as much as 30-35 house per week in the spring and summer.

I calculate each month separately by totaling the hours worked by all part time employees in a month and dividing that amount by 120. When I come up with the monthly totals then what? In the winter we may not have any part time employees that averaged 30 hours per week or more, but in the summer we could have several in a month.

What do I do then?

Do I add the total FTE's for each month and divide by 12 to get an average? Or, does the highest month's FTE's determine our status?

Please walk me through this so I don't make a mistake.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

With only 5 full time employees and perhaps 20 part time employees, you don't even get close to approaching the number that would require your business to comply with the Affordable Care Act (Obamacare).

However, the math is done as follows.

1. Any employee who works at least 30 hours per week in any month, is counted as one full-time employee.
2 For all employees working less than 30 hours per week in any month, you add up all of the hours worked by all of these part time employees and divide 120. The resulting number is XXXXX number of equivalent full time employees that you have,

For example, let's say that you have 20 part time employees who work an average of 72 hours per month. 20 X 72 is 1440 total part time hours worked. Divide that by 120.
1440/120 = 12.

That would mean that you have the equivalent of 12 full time employees working part time, plus 5 employees actually full time, for a total of 17 full time employees for that month. Add the number of full time employees you got for the 12 months of the calendar year, and divide by 12. If that resulting number is XXXXX than 50, then you are covered by the Affordable Care Act.

Until you have at least 50 full time employees on average over a period of a year, you are not going to be subject to the Affordable Care Act.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Nancy. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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